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(영문) 창원지방법원 2017.04.06 2016가합50306
대여금
Text

1. The Plaintiff:

A. As regards Defendant B’s KRW 350,000,000 and its KRW 100,000,000 among them, Defendant B shall be from February 18, 2006 to 250,000.

Reasons

1. Determination as to the cause of claim

A. On February 10, 2006, the Plaintiff lent KRW 100,000,000 to the Defendants on February 17, 2006 as due date for reimbursement. 2) On February 13, 2006, the Plaintiff decided on February 13, 2006 to Defendant B as due date for reimbursement of KRW 250,000,000 on April 7, 2006.

3) On February 10, 2006, the Defendants were convicted on the ground that they acquired money of KRW 100,000,000 from the Plaintiff (the Defendants were convicted of committing a crime other than the above criminal facts, and received a judgment together with other criminal facts.

(i) [The reasons why each entry of Gap evidence Nos. 1 through 8, Gap evidence No. 10, and the purport of the whole pleadings for recognition.

B. Therefore, barring special circumstances, Defendant B is obligated to pay to the Plaintiff the amount of KRW 350,00,000,000, out of the above borrowed amount, and KRW 100,000,000 from February 18, 2006 following the due date, and KRW 250,000,000 from April 8, 206 following the due date, to September 1, 2016, the delivery date of a copy of a complaint against each Defendant B from April 8, 2006 to September 1, 2016; and KRW 15% per annum from the following day to the date of full payment; and ② Defendant C is jointly and severally obligated to pay the Plaintiff the amount of KRW 100,00,000 from the following day of the above borrowed amount to the date of full payment; and KRW 315,000 per annum from February 18, 2006 to the date of full payment of the complaint against Defendant C.

[In principle, in cases where multiple parties become joint debtors under the Civil Act, unless there is any special declaration of intention, the Defendants agreed to borrow KRW 100,000,000 from the Plaintiff as the principal debtor, and jointly and severally assume the duty of return, taking into account the following factors: (a) the text of the evidence No. 1 (a) and the relationship between the parties indicated in the evidence No. 6 (a judgment).

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